Disgruntled Association Member Gets Hit with 7 Figure Judgment

Case Summary: Tarter v. Bendt (2021)

This case involved a defamation lawsuit between neighbors in a high-end condominium community. The dispute arose when Mrs. Bendt launched a public campaign against Mr. Tarter, who was serving as the HOA president at the time. The campaign included newsletters and emails sent to other HOA members, in which Mrs. Bendt made serious accusations against Mr. Tarter’s leadership and financial management of the HOA.

According to the lawsuit, Mrs. Bendt’s statements falsely implied that Mr. Tarter had acted unethically or illegally. She accused him of concealing financial information, mismanaging HOA funds, holding secret board meetings, and misleading members. In addition to these allegations, she also engaged in personal attacks, calling Mr. Tarter and his wife offensive names such as “idiot,” “fool,” “spineless,” “chicken shit,” and “low-class sneak.” Mrs. Bendt even went so far as to insult Mr. Tarter’s law degree and suggest that he could face disciplinary action from the Arizona State Bar and an investigation by the Attorney General.

Key Issues in the Case:

• Whether Mrs. Bendt’s statements were false and defamatory, or if they were simply opinions and protected speech.
• Whether Mr. Tarter, as an HOA president, was considered a limited-purpose public figure, which would require a higher standard of proof for defamation.
• Whether Mrs. Bendt acted with actual malice—meaning she either knew her statements were false or acted with reckless disregard for the truth.
• Whether the damages awarded were appropriate or excessive.

Jury Verdict & Damages: